'Jus ad Bellum': The Law on Inter-State Use of Force

International Law

'Jus ad Bellum': The Law on Inter-State Use of Force

By Stuart Casey-Maslen
Hart Publishing August 2020

Specifications

ISBN-13
9781509930692
Publisher
Hart Publishing
Publication
August 2020
Format
Paperback
Jurisdiction
U.K. ? Countri(es) for reference only

Details

This work expounds, for those in practice and beyond, the rules of international law governing the inter-state use of force. Jus ad bellum determines when a state - or group of states - may lawfully use force against, or on the territory of, another state, and when such action violates international law. The bedrock of the law is found in the Charter of the United Nations, but the interpretation and application of many of the rules codified in the Charter, particularly by the International Court of Justice, are contested. Accordingly, the book clarifies the law as it stands today, explaining its many complexities and controversies, such as when non-state actors may be attacked in another state and when consent is validly given to foreign intervention.

The interrelationships between jus ad bellum and the law of armed conflict/international humanitarian law, the law of neutrality, and international human rights law are also illuminated, along with important concepts such as the 'responsibility to protect' and humanitarian intervention.

Table of Contents

Introduction
I. War and the Foundations of International Law
II. A History of the Regulation of War under International Law
III. Jus ad bellum and Contemporary International Law
1. The General Prohibition on the Use of Force
I. Introduction
II. The Status of the Prohibition under International Law
III. The Scope and Content of the Prohibition on the Use of Force
IV. The Content of the Prohibition on the Threat of Force
2. Consenting to a Use of Force by Another State
I. Introduction
II. The Lawful Donor of Consent
III. The Expression of Valid Consent
IV. Withdrawal of Consent
V. Consent has no Bearing on the Duty to Respect Other Rules of International Law
3. Use of Force in Self-defence
I. Introduction
II. The Right of the State to Use Force in Self-defence
III. Use of Force in Defence of Other States
4. United Nations Security Council Authorisation to Use Force
I. Introduction
II. The Role of the UN Security Council
III. The Form and Content of a Council Authorisation to Use Force
IV. Respect for the Terms of the Authorisation
V. Security Council Authorisation and Regional Organisations
5. Use of Force and the Law of Neutrality
I. Introduction
II. The Origins of the Law of Neutrality
III. The Modern Law of Neutrality
6. The Legality of Humanitarian Intervention
I. Introduction
II. The Notion of Humanitarian Intervention
III. Humanitarian Intervention under International Law
IV. The Content and Consequence of 'Responsibility to Protect'
V. Rescue of Nationals as Humanitarian Intervention?
7. Responsibility for Aggression
I. Introduction
II. The Definition of Aggression
III. State Responsibility for Acts of Aggression
IV. Individual Responsibility for Aggression under International Criminal Law
V. Concluding Remarks
8. Use of Force in United Nations Peacekeeping Operations
I. Introduction
II. The Evolution in Peacekeeping Use of Force: From Self-defence to the Protection of Civilians
III. The International Legal Basis for Use of Force by
UN Peacekeepers
9. Rights and Obligations of Non-state Actors ad Bellum and in Bello
I. Introduction
II. 'Non-state Actor' and 'Non-state Armed Groups' Defined
III. Non-state Actors' Rights and Obligations under International Law
10. The Interrelationship between Jus ad Bellum and Jus in Bello
I. Introduction
II. The Relevance of ad Bellum Rules to an Application of Jus in Bello
III. Neutrality ad Bellum and in Bello
IV. Proportionality ad Bellum and in Bello
V. The Legality of Targeting under Jus in Bello and its Influence on the Legality of Action in Self-defence
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